Providing clients with direct access to seasoned litigators is a key to getting good results. “It stands to reason that litigation clients benefit from being represented by experienced, well-matched trial teams,” according to Ernie Malaspina, a shareholder of Hopkins & Carley’s Litigation department. “Having a trial team led day-to-day by a senior litigator means much greater speed and efficiency in the way a case is managed.”
Our firm’s litigation attorneys have an unrelenting commitment to delivering quality services at a fair price, and work diligently to see that matters are resolved quickly, efficiently, and successfully.
Established and accomplished counsel
Our firm is fortunate to have litigation attorneys who have been with Hopkins & Carley for many years. These are courtroom lawyers who have handled difficult cases across a variety of industries.
The members of Hopkins & Carley’s Litigation group represent clients in all aspects of complex litigation involving commercial, trust and estate, real property, intellectual property, and employment disputes, among others. This includes:
- Trials and appeals in all state and federal courts
- Federal, state and self-regulatory administrative proceedings, and
- Alternative dispute resolution processes, such as arbitration and mediation
A breadth and depth of experience
Clients range from high net-worth individuals and small businesses to publicly traded and large, privately held companies. Our litigation department is comprised of subject matter experts in the following areas:
- Business and Commercial Disputes
- Financial Institutions and Creditors' Rights
- Employment & Labor
- Real Estate
- Land Use
- Environmental Enforcement
- Intellectual Property
- Trust and Estate Disputes
Regardless of the size of the business or the complexity of the issue, clients work closely with lead attorneys to identify objectives and to develop strategies to best achieve those objectives.Client Successes
- In a record-making jury verdict, Hopkins & Carley successfully prosecuted a claim of fraud. Our client had been part of a hedge fund that made millions packaging loans and selling them to Wall Street as collateralized securities. When our client asked for payment of loans he had made, the other party reneged. Despite the fact that the parties agreement was strictly verbal, our litigators convinced the jury that the defendant’s claims and behaviors weren’t consistent with prior conduct as a partner, resulting in an award to our client of$14 million, one of the biggest verdicts in 2009.
- When its high-voltage insulating products started to fail violently in the field, a global industrial manufacturer hired Hopkins & Carley to pursue a product defect claim against one of the company’s fiberglass suppliers. A difficult, four-year case against a foreign supplier ensued. Overcoming a variety of legal and cross-cultural obstacles, our client won a $5.5 million verdict in a federal jury trial and obtained a subsequent satisfactory settlement before appeal.
- A regional bank hired Hopkins & Carley when a borrower defaulted on a $20 million construction loan with the project about 75 percent complete. In addition, loan participants were alleging that our client breached its obligations to them. Hopkins & Carley filed litigation and had a receiver appointed who completed construction. Concurrently, our litigators obtained writs of attachment against the guarantors. The ultimate resolution was a negotiated short sale of the project after completion and stipulation for judgment against the guarantors, and avoidance of a potential suit against our client.
- Arguing lack of capacity and undue influence, we prevailed on behalf of our client in a 2008 trial against his sister. The sister had influenced their father, who was suffering from dementia, to execute a durable power of attorney to gain control over the father’ assets. Our client, the administrator of the father’s estate, successfully invalidated the power of attorney on grounds of lack of capacity. Our lawyers were able to set aside all transactions completed pursuant to the power of attorney, which resulted in our client recovering half of the estate, instead of being completely disinherited.
- A materials supplier was hit with a $643,000 breach of contract claim. Our litigators won at trial, successfully defended the verdict on appeal, and obtained full payment of the judgment.
- A subcontractor had a $400,000 claim for payment in a residential high-rise construction project. The subcontractor hired our firm, and we successfully litigated the claim to judgment in superior court.
- Challenging a marriage after death is nearly impossible. That, however, is exactly what our litigators did, and prevailed. The case involved a 52-year-old estate-planning attorney who married her 82-year-old client—who was lonely and dying of cancer—after preparing his estate plan and learning he was worth $2 million and that his only family lived in Norway. The man died before his family was able to have the marriage annulled, and the attorney, claiming to be his wife (even though she never lived with him), said she was entitled to half of his estate and sued to claim it. Our litigators successfully had the marriage declared void on summary judgment, and successfully defended that ruling through appeal.